Mediation: 4 Signs That It Won’t Work for Your Situation

January 8, 2018 8:26 am

In states, such as New York, where a divorce can get extremely costly, mediation is an attractive option. Without taking your case to court, you can strike a deal with your spouse with civility and speed, saving you tens of thousands of dollars.

However, not all spouses are cut out for divorce mediation in Long Island. Regardless of its proven advantages, divorceattorneyinlongisland.com notes that it might not make sense in your situation if:

The chance of successful negotiation is low

Mutual respect and amiability are the building blocks of a productive divorce mediation. If the two of you can’t help but be hostile to one another, this process would be futile. Ultimately, you might need a judge if your negotiations during mediation fail, wasting your time and money on the process.

Your spouse is usually the dominating one

When one spouse is dominant, the submissive one usually gets the short end of the stick. A lopsided agreement is going to be disadvantageous to one party no matter how you slice it.

Without an experienced mediator, the process might only reinforce any unhealthy behavioral patterns between the two of you.

Someone might be hiding some assets

In mediation, you just have to take the financial information given by your spouse at face value. If you feel the other party is trying to withhold any income or property, the lack of subpoena of records can make it hard to uncover such secrets.

There’s a history of negative behavior

Experienced family law attorneys don’t recommend mediation when at least one spouse has a tendency for drug or alcohol dependence or physical or mental abuse. To avoid fueling emotions and protect the well-being of both parties throughout the divorce process, litigation could be the better direction to take.

By and large, mediation is less costly and less contentious, but you shouldn’t choose it for the wrong reasons. If you feel your situation doesn’t lend itself to it, consult an experienced lawyer to discuss all of your divorce options.